Share on LinkedInShare on LinkedIn

ARTICLE · 16 JULY 2010

Marriage, Divorce And Separation - When Should You Change Your Will?

Marriage, divorce and separation are all events which require you to change your Will.

AustraliaLitigation, Mediation & Arbitration

In brief

Marriage, divorce and separation are all events which require you to change your Will.

Marriage

If you marry it is imperative that you make a new Will.

If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the Will is made in contemplation of marriage. If you are planning to marry in the near future and you wish to have a Will made in contemplation of marriage, you should obtain legal advice from your solicitor.

In New South Wales, recent changes to intestacy laws, which deal with dying without a Will, now mean that on your death your spouse is entitled to the whole of your Estate. This is the case even if you have children with your surviving spouse. If it is not your intention that your entire Estate passes to your spouse on your death, you must have a Will in place. (For more information on the changes to intestacy laws in NSW, please see our earlier article, Dying

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from